The High Court has rejected a challenge to a planning inspector’s decision dismissing appeals against a listed building enforcement notice and the refusal of listed building consent in respect of the removal of two early 18th century piers and urns.
The piers and urns are attributed to the Dutch sculptor John Van Nost and were listed in 1986. They were originally sited in Wrest Park before being moved in the last century to Idlicote House, which is also a listed building. The Claimant was the owner of Idlicote House and sold them at auction, apparently in ignorance of their listing. A listed building enforcement notice was served and retrospective consent was also refused for their removal. An inspector dismissed his appeals against both decisions.
The Claimant sought to challenge the inspector’s decision on eleven grounds. His primary case, however, was that the inspector should have found that the piers and urns were not “buildings”, and thus were not subject to listed building control, because they were not fixed to the land and were mere chattels. The Judge (Mr. Justice Singh) rejected all of the Claimant’s grounds. In particular, he agreed with the Secretary of State that:
Nevertheless, the judge granted permission to appeal on limited grounds in view of the wider importance of the issues.
A copy of the judgment is attached here.
John Hunter appeared for the Secretary of State. Gary Grant appeared for the local planning authority.
Have We Got Planning News for You: Thursday 4 June – 5pm
© Copyright 2020 Kings Chambers. All rights reserved.
Coronavirus (CoVID-19) Public Health England (PHE) recommendations – please view our important guidelines.
Continue using site